


/ '^ 



Hollinger Corp. 
pH8.5 






MADISON UNIVERSITY, 



o 



^<^ HAMILTON, N. Y. 



CHARTERS, 



COMPACTS 



AND 



BY-LAWS^^^ 



-1555- 



Ijf 



p. 
30 S '02 



K 



THE CHARTER 



OF 



MADISON UNIVERSITY. 



-:0: 



AN ACT to incorporate Madison University. Passed March 26, 1846, 
by a two-third vote. 

The People of the State of New York, represented in Senate and 
Assembly do enact as follows: 

1. Friend Humphrey, Seneca B. Burchard, William Colgate and their 
associates are hereby constituted a body corporate, by the name of 
"The Madison University," for the purpose of promoting literature 
and sciencce. The said corporation shall have perpetual succession, 
with power to sue and be sued; to make and use a common seal, and 
alter the same at pleasure; to hold real and personal property; but it 
shall not at any one time, own real estate yielding an annual income 
exceeding ten thousand dollars. The location of the said University, 
shall be at the village of Hamilton, in the county of Madison. 

2. Friend Humphrey, Seneca B. Burchard, William Colgate, William 
L. Marcy, Palmer Townsend, William Cobb, Ira Harris, Henry Tower, 
Nathaniel Kendrick, Alvah Pierce, Bartholomew T. Welch, Edward 
Bright, Jr., William R. Williams, Robert Kelley, Harvey Edwards, 
Charles Walker, Smith Sheldon, Joseph Caldwell, John Munro, John 
N. Wilder, George Curtiss, EUsha Tucker, Pharcellus Church, James 
Edmunds, Joseph Trevor, Amos Graves, and Alonzo Wheelock, are 



THE CHARTER OF MADISON UNIVERSITY. 



hereby appointed Trustees of the said corporation, with power to fill 
any vacancy in their Board; of whom nine members shall constitute a 
quorum for the transaction of business. 

3. The said Board of Trustees shall appoint the professors, and such 
other instructors as they may deem necessary, subject to removal by a 
majority of the votes of all the members constituting the Board. 

4. The said University may grant to students under its charge, 
diplomas or honorary testimonials, in such form as it may designate. 
It may also confer such literary honors, degrees and diplomas as are 
usually granted by any University, College or Seminary of learning in 
the United States. 

5. Diplomas granted by the University, shall entitle the possessors 
to the immunities and privileges, allowed by usage or statute, to the 
possessors of like diplomas from any cellege or seminary of learning 
in the State. 

6. No diploma shall be conferred by the University, but in conformity 
with the laws of the State, in force at the time of conferring the same. 

7. The said University shall be subject to the visitation of the 
Regents of the University of this State, in the same manner and to the 
same extent, as the various colleges in this State. 

8. The Corporation hereby created, shall possess the powers, and be 
subject to the provisions of the third title eighteenth chapter of the 
first part of the revised statutes, so far as the same are applicable and 
have not been repealed. 

9. The Baptist Education Society of the State of New York is hereby 
authorized to make such arrangement with the said University, for the 
transfer of the property of the said Society, or any part thereof, either 
absolutely or conditionally to the said University, as the said Society 
shall deem proper. 

10. The Legislature may at any time alter, or repeal this act. 



State of New York: In Assembly, 
March ly, 1846. 

This bill having been read the third time, and two-thirds of all the 

members elected to the Assembly voting in favor thereof: Resolved 

that the bill do pass. 

By order of the Assembly, 

Wm. C. CRAIN, Speaker. 



THE CHARTER OF MADISON UNIVERSITY. 



State of New York: In Senate, 
March 25, 1846. 

This bill having been read the third time, tviro-thirds of all the 
members elected to the Senate voting in favor thereof: Resolved, that 
the bill do pass. 

By order of the Senate, 

A. GARDINER, President. 
Approved, this 26th day of March, 1846. 

SILAS WRIGHT. 



State of New York: Secretary's Office. 
I have compared the preceding with an original law on file in this 
office, and do certify that the same is a correct transcript therefrom, 
and of the whole of said original. 

In testimony whereof, I have hereunto affixed the seal of this office 
at the city of Albany, the 7th day of April, in the year of our 
Lord 1846. 

ARCH'D CAMPBELL, Deputy Secretary of State. 



At the annual meeting of the Education Society, August 18, 1846, 
Hon. Ira Harris, of Albany, offered the following resolution, which 
was unanimously adopted : 

Resolved, That this Society approve of the recent successful effort 
made by their Board of Trustees, to procure from the State Legislature 
an Act of Incorporation for Madison University, and also the subse- 
quent arrangement entered into with the Board of the University, 
whereby the said charter has been made available to the Literary 
Department of the Hamilton Institution. 



THE FIRST COMPACT. 



THE FIRST COMPACT. 



The following terms of arrangement were agreed upon in joint con- 
ference of the two boards, a,dopted by each board June 9th, 1847, ^'^^ 
ratified by the Education Society, August i8th, 1847: 

Resolved, That this conference recommend to the Board of the Edu- 
cation Society and to the Board of the University, such terms of 
arrangement as shall preserve under the charge of one faculty, the 
several departments; and that shall at the same time, secure to the 
Education Board the control of the Theological Instruction. 

Resolved, That we suggest the following as the outline of such 
arrangement: 

1. That to the appointment of the Theological Professors, the act of 
the Education Board shall be sufficient; but to the removal of such 
Professors, the joint action of both Boards shall be requisite. 

2. That to the Education Society shall be reserved the exclusive 
control of any endowments for Theological Professorships, and to the 
Board of the University the exclusive control of any endowments for 
Literary Professorships. 

3. The Education Society to grant to the University the use of their 
property, [ a schedule of which is attached,] to be employed for pur- 
poses of instruction. The Education Society to have the power of 
reclaiming the property thus granted, after two years notice given of 
their purpose, and with the reasons assigned therefor, in such notice. 

4. The University shall sustain on the premises an Institution, in 
which candidates for the Christian ministry may receive suitable 
instruction. The Education Board to have the privilege of rooms free 
of rent, for all their beneficiaries, among such candidates, paying how- 



THE FIRST COMPACT. 



ever for such beneficiaries the regular charges for tuition, and sending 
none of the beneficiaries to any other Institution. 

5. The University shall sustain the whole expense of instruction both 
in the Literary and Theological departments, receiving however, from 
the Education Society the income of their endowments for theological 
education; such endowments to include the existing permanent funds 
for the support of professorships, (and any funds hereafter to be 
collected, for the support of theological professorships,) as also the 
legacy of John Fleetwood Marsh. 

6. The University Board is to make earnest and extended efforts for 
the collection of an endowment sufficiently large, to exempt from the 
necessity of continued appeals to the churches, but never so increased 
as to foster inaction in the faculty, or independence of the churches. 
The sum at present contemplated to be fifty thousand dollars, of which 
twenty-five thousand dollars shall be invested by the Education Society, 
with the advice of the University Board, for the endowment of theo- 
logical professorships. The remaining twenty-five thousand to be 
invested by the University, the proceeds to be applied to the support 
of literary and scientific instruction. 

The Conference farther resolved: 

1. That these arrangements take effect September ist, 1847. 

2. That the cities of New York, Brooklyn, Williamsburg, and Albany 
be surrendered to the Board of Madison University, for the collection 
of the current expenses of said Board, for two years from the first of 
September next. 

3. That no new professorship shall be constituted by the Board of 
the Education Society, without the consent of the University Board. 



The Education Society, August i8th, 1847, made the following 
amendment to the first article, and the same was adopted by the 
University Board: 

"That the Board of the University shall appoint such professors in 
the Theological Department as may be nominated by the Baptist Edu- 
cation Society of the State of New York, and shall also remove such 
professors in that department, as that society may direct." 



THE SECOND COMPACT. 



THE SECOND COMPACT. 



The following Articles of Agreement were recommended in joint 
conference of both Eoards, and adopted by each Board separately, 
February 9th, 1853: 

1. The Institution consists of a Theological Seminary, a University 
proper, and an Academic Department, organized under one faculty, 
with one code of laws, the maintenance and general management of 
which, until otherwise directed by the Education Society, are in the 
hands of the Board of Madison University. 

2. The power to make laws for the general regulation and discipline 
of the school in all its departments, resides with the Board of Madison 
University; but to prescribe the course of study in the Theological 
Seminary, including the text-books, belongs to the Board of the 
Education Society. While the president shall direct in the government 
and discipline of the University proper and Academic Department, the 
senior theological professor and the president shall be associated as 
peers in the government and discipline of the Theological Seminary; 
but cases of suspension and expulsion shall be referred to the whole 
faculty. 

3. The laws to be given by the University Board, as a guide to the 
faculty in governing the school, shall fully recognize the prerogatives 
of each professor, in his respective department. 

4. The University having been created by the Education Society, 
through the State Legislature, to carry out its design in reference to 
Education, is bound to frame all its laws, and conduct all its operations 
in harmony with the terms of compact existing between it and the 
Education Society. 



BY-LAWS OF THE CORPORATION OF MADISON UNIVERSITY. 



BY-LAWS 



OF THE 



CORPORATION OF MADISON UNIVERSITY. 



Art. I. The stated meetings of the board shall be on the Monday 
next preceding Commencement Day, at 3 o'clock, p. m. Special meet- 
ings may be called by the president or any five trustees. Notice of 
such call, stating the object of such meeting, shall be given by the 
secretary to each member of the board, not less than fifteen days before 
the meeting, and no other business than that named in the notice of 
such special meeting, shall be done without the consent of two-thirds 
of the members present. 

Art. II. The officers of the board shall be a president, secretary 
and treasurer, to be elected annually by ballot at the stated meetings — 
the election to take place after the reading of the minutes — but in case 
of failure to elect, the officers of the preceding year shall continue 
until superceded by an election. 

Art. III. The president, or in his absence a president pro tem., 
shall preside at each meeting; decide points of order subject to appeal 
to the board; appoint all committees unless otherwise directed; and see 
that the business of the board is not impeded by conversation. 

Art. IV. The secretary shall keep in a book a faithful record of the 
transactions of the board, with the names of members present at each 
meeting; shall attest the orders on the treasurer directed by the board; 
shall give due notice of each meeting; shall preserve on file all papers, 



lO BY-LAWS OF THE CORPORATION OF MADISON UNIVERSITY. 

documents and reports of the board; and when he shall leave the 
office, he shall deliver to the board or his successor, all books, papers, 
or documents belonging to the board. 

Art. v. The treasurer shall give sufficient bonds for the faithful 
discharge of his duties. He shall receive all monies paid into the 
treasury, and rightly appropriate the same. He shall collect interest 
and other dues. He is especially authorized to collect interest on all 
United States stocks, and state stocks and other registered stocks or 
bonds with power to appoint a substitute. He shall pay all orders of 
the board signed by a Secretary, shall keep an accurate account under 
proper heads, of all receipts and disbursements, and make to the board 
an annual report of receipts and expenditures, and of the condition of 
all the funds. When he leaves office he shall deliver to his successor, 
or to the board, all funds, books and papers that belong to the office. 

Art. VI. A provisional committee of five members shall be ap- 
pointed, three of whom shall be a quorum, clothed with such powers 
as the board shall define. But any action of this committee shall 
require confirmation at the next meeting of the board, unless otherwise 
ordered. 

Art. VII. All motions except for adjournment shall be made i-n 
writing, if required, and if seconded shall be stated by the president 
previous to discussion, and if not amended, may by the leave of the 
board, be withdrawn by the mover or seconder, any time prior to final 
decision. Any member may call for a division of the question when it 
is susceptible thereof. 

Art. VIII. The board shall annually appoint, at its stated meeting 
in August, a librariah and a library committee of two members, a 
steward and janitor, patron, and college inspector, whose duties may 
be severally specified in the laws of Madison University. 

Art. IX. Whenever a member wishes to speak or debate, he shall 
arise and address the chair, and no interruption shall be permitted 
unless by a call to order, or by consent of the speaker. No member 
shall speak more than twice on the same subject, nor more than fifteen 
minutes at once, unless by special permission of the board. 

Art. X. Motions acted on and negatived shall not be recorded, 
unless directed by the board. 

Art. XI. On the call of any two members the yeas and nays shall 
be taken on any matter before the board and recorded, with the vote 
of each member opposite his name. 



BY-LAWS OF THE CORPORATION OT MADISON UNIVERSITY. II 

Art. XII. Unless a member is speaking or the board voting, a 
motion to adjourn shall always be in order, and decided without debate. 

Art. XIII. A motion to lay on the table shall be decided without 
debate, and the subject shall not be called up again for action until an 
adjournment has intervened, unless by unanimous consent. 

Art. XIV. No member in attendance shall withdraw from the 
meeting, but by permission of the chair; nor from the business of the 
session, nor from voting on any question, unless excused by the board. 

Art. XV. The minutes of each day's proceedings shall be read at 
the next day's session, and the whole of the minutes shall be read 
before the final adjournment. 

Art. XVI. Though in the transaction of ordinary business, the 
charter quorum is to be deemed competent, yet in the election of 
president and professors, and in the removal of the same, and in fixing 
their salaries, and in altering the by-laws, the consent of the majority 
of the whole board shall be requisite. 

Art. XVII. Every meeting of the board shall be opened and closed 
with prayer. 

Art. XVIII. No alteration of these by-laws shall be made but at a 
regular stated meeting of the board. 



ORDER OF BUSINESS. 



ORDER OF BUSINESS. 



1. Call of the roll. 

2. Prayer. 

3. Reading and adopting the minutes. 

4. Report of the provisional committee, 

5. Report of the treasurer. 

6. Annual report of the faculty. 

7. Report of agents or superintendents. 

8. Report of committees. 

9. Unfinished business. 

10. New business. 

11. Prayer. 



MADISON UNIVERSITY. 



Dr. 



BALANCE SHEET, JUNE ISt, ll 
Cash. 



Cr. 



To Stock received, $ 81,942.80 

Colgate Academy, 4,700.05 

Interests, 30,024.94 

M. U. Bills, - 5.199-62 

Scholarships, 2,963.04 

Prizes, ($660,) 190 

Dinner, &c., 1,449.90 

Tide over Fund, 600 

B. E. S.,- 113-63 



^127,183.98 



By Stock paid, $ 78,300 

Colgate Academy Salaries 

and Expenses, 8,000.80 

Salaries, 24,000 

General Expenses, 2,769.15 

Janitor's department, 1,324.68 

Improvement Fund, 518.07 

Library,, 868.33 

Scholarships, 5,842.15 

Balance, 5,560.80 

$127,183.98 



THE CHARTER OE THE EDUCATION SOCIETY. I3 



THE CHARTER 



OF THE 



BAPTIST EDUCATION SOCIETY 



OF THE STATE OF NEW YORK. 



AN ACT to incorporate the Baptist Education Society of the State of 
New York, passed March 5, 181 9. 

Whereas, the members of a society instituted in this state for the 
purpose of educating pious young men to the gospel ministry, have 
petitioned for an act of incorporation, the better to enable them to 
attain the objects of their association: Therefore, 

I. Be it enacted by the people of the state of New York, represented 
in Senate and Assembly, That Obed Warren, Joshua Bradley, John 
Bostwick, John Peck, Silas Spaulding, Eliada Blakeslee, Elijah F. 
Miller, Thomas Cox, Charles Babcock, Charles W. Hull, and such 
other persons as now are, or hereafter may be associated with them» 
shall be, and hereby are, constituted a body corporate and politic, in 
fact and in name, by the name of the "Baptist Education Society of 
the state of New York," and by that name shall have succession, and 
be in law capable of suing and being sued, defending and being de- 
fended, in all courts and places, and in all manner of action and cases 
whatsoever, and may have a common seal, and change the same at their 
pleasure, and by that name and style, be capable in law of purchasing, 
holding and enjoying, to them and their successors, any real estate in 



14 THE CHARTER OF THE EDUCATION SOCIETY. 

fee simple, or otherwise, and any goods, chatties, and personal estate, 
and of selling or otherwise disposing of the real and personal estate, or 
any part thereof, at their will and pleasure; provided, nevertheless; 
that the clear annual value or income of such real and personal estate 
shall not exceed the sum of five thousand dollars. 

II. And be it further enacted. That the said associates and their 
successors, may, from time to time make such constitution, by-laws, 
ordinances and regulations for the appointment of officers, the govern- 
ment of the seminary, the management of their property, and conduct- 
ing all their concerns, as to them shall appear proper; provided the 
same be not inconsistent with the laws or constitution of this state or 
of the United States. 

III. And be it further enacted, That this act be and is hereby de- 
clared a public act, and that the same be construed in all courts and 
places, benignly and favorably, for every beneficial purpose therein 
intended, and that no misnomer of the said corporation in any deed, 
gift, grant, demise, or other instrument of contract or conveyance, shall 
vitiate or defeat the same; provided the corporation shall be sufficiently 
described to ascertain the intention of the parties; and provided al- 
ways, that if the said society appropriate their funds, or any part there- 
of to any purpose or purposes, other than those intended and contem- 
plated by this act, or shall at any time pass any lav/ or regulation 
affecting the rights of conscience, that thenceforth the said corporation 
shall cease and be void; and also the Legislature may at any time alter 
or repeal this act, as in their discretion shall seem proper. 



Amendment, April 17, 1842. — The Baptist Education Society of the 
state of New York, incorporated by act of the Legislature, March 5th, 
1819, may take, hold, and enjoy by gift, grant, or by devise, real and 
personal estate, to an amount, the clear annual value or income of 
which shall not exceed ten thousand dollars. 

Amendment, April 28, 1887. — The Baptist Education Society of the 
State of New York, incorporated by act of the Legislature, March 5th, 
1 819, may take, hold, and enjoy by gift, grant, or by devise, real and 
personal estate, to an amount, the clear annual value or income of 
which shall not exceed fifty thousand dollars. 



CONSTITUTION AND BY-LAWS. 1 5 



CONSTITUTION 

OF THE 

BAPTIST EDUCATION SOCIETY 

OF THE STATE OF NEW YORK. 



Article i. The object of this Society shall be to furnish the means of instruction 
to such young men of the Baptist denomination as shall give to the churches of which 
they are members and to the Faculty of the Institution under the patronage of the 
Society, satisfactory evidence of their personal piety, and of their call to the Gospel 
Ministry. 

Art. 2. Any person who is in good standing and fellowship in any regular Baptist 
Church, may become a member of this Society by paying into the Treasury, annually, 
the sum of one dollar, or a member for life by paying twenty dollars at any time or in 
four equal annual installments. 

Art. 3. The officers of the Society shall consist of a President, a Vice President, a 
Recording Secretary, a Corresponding Secretary, and a Treasurer, to be annually 
chosen by ballot. There shall be also chosen thirty Directors, who, in connection with 
the officers above named, shall constitute a Board of Trustees, nine of whom shall 
constitute a quorum for the transaction of business. The Directors shall be divided 
into three classes of ten each, each of which shall be chosen annually by ballot for the 
term of three years. All the members of the Board and other acting officers, as well 
as the immediate beneficiaries of the Society, shall be members in good standing of 
some regular Baptist Church. 

Art. 4. The Board of Trustees shall transact the business of the Society; take 
charge of its property; fill vacancies in their own body; appoint beneficiaries and 
necessary agents; keep a faithful record of their proceedings, and make an annual 
report of the same to the Society. The Board shall have the especial oversight of the 
Theological Seminary connected with the Madison University; shall direct the 
course of instruction in this department; secure, as far as practicable, endowments for 
it, and appoint Professors and Teachers; doing all things in accordance with arrange- 
ments authorized by the University Charter, and existing between the two Boards. 

Art. 5. The Treasurer shall receive all moneys and other property belonging to 
the Society, and make investments of the same in the name of the Society, in the safest 



l6 CONSTITUTION AND BY-LAWS. 



and most productive forms, under the direction of the Board; shall make payments of 
money from time to time agreeably to the order of the Board; shall render to the 
Society, annually, a written account of all the receipts and expenditures within the 
year; of the amount of its funds and the manner in which they are invested; he shall 
give to the Board, whenever they request it, a particular account of the state of the 
Treasury, or any portion of its funds; he shall give full and ample security to the 
Board for the faithful discharge of the duties of his office. The Treasurer's accounts, 
befote they are presented to the Society, shall be audited by a committee appointed by 
the Board for that purpose. 

Art. 6. The Society may appoint a discretionary number of Honorary Vice- 
Presidents, and any person may become an Honorary Life Director by paying into the 
Treasury the sum of fifty dollars, and shall have a right to sit and deliberate in all 
meetings of the Board. 

Art. 7. The President, and in his absence, the Vice President, shall have power, 
at the request of three Directors, to call special meetings of the Society by giving due 
public notice thereof. 

Art. 8. The annual meetings of the Society shall be held at such times and places 
as the Board may direct, unless the Society shall have otherwise determined. 

Art. 9. Any alteration may be made in this Constitution at an annual meeting, by 
a vote of three-fourths of the members present, provided that notice shall have been 
given one year previous. 



CONSTITUTION AND BY-LAWS. I7 



BY-LAWS OF THE BOARD OF TRUSTEES. 



The sessions of the Board shall be opened and closed with prayer. 
The following shall be the order of business: 



Reading of the minutes of the last meeting. 

Reading of the Constitution and By-Laws. 

Report of Executive Committee. 

Report of Corresponding Secretary. 

Report of the Theological Faculty of Instruction. 

Reports of the Treasurer, Agent, Steward and Accountant. 

Report of the Standing and Special Committees. 

New Business. 



3. All Committees shall be nominated by the presiding officer, and the first named 
on each committee shall be chairman thereof. 

4. No resolution shall be discussed unless it be moved and seconded; and any 
resolution shall be reduced to writing at the request of any member of the Board. 

5. Any member desirous of giving his views on any question before the Board shall 
rise and address himself to the presiding ofificer. 

6. During the session of the Board it shall be the duty of each member to devote his 
undivided attention to the subject upon which it may be deliberating. No member 
shall leave the room without permission from the presiding officer. 

7. At its first meeting the Board shall appoint an Executive Committee of not less 
than seven nor more than ten, consisting of the President, the Secretaries, the 
Treasurer and other members of the Board, five of whom shall be a quorum. 

8. The Faculty of the Theological Seminary shall present at each stated meeting of 
the Board, a written report, giving a faithful view of the internal condition and 
prospects of the Seminary in various departments. 

9. The Corresponding Secretary shall, at each stated meeting of the Board, make a 
written report on the general interests of the Society, and present such subjects for the 
action of the Board as he may believe its welfare demands. 

10. The Treasurer, Agent, Steward and Accountant shall present written reports 
of the condition of their individual departments at each stated meeting of the Board. 

11. The reports of all committees shall be presented in writing. 

12. All orders given by this Board on the Treasury shall be signed by the Record- 
ing Secretary. 

13. The stated meetings of this Board shall be held at Hamilton, on the third 
Wednesday in June; and on the Tuesday before the third Wednesday in June. 

14. It shall be the duty of the President, or presiding officer, to enjoin the 
observance of all rules of order in these By-Laws, and no rule shall be suspended, or 
amendment made to them, but by a vote of the Board. 

15. These By-Laws shall be read at each regular meeting of the Board, with the 
Constitution of the Society. 



I 



LIBRARY OF CONGRESS 



P> P>79 919 501 6 



